Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Manila

DANILO DIMAUNAHAN y QUITAIN

Complainant,
NPS DOCKET NO.: XV-07-INV-23H-03342

-versus-
For: Art. 315 par. (1)(b)
of the Revised Penal Code

MARITESS VILLANUEVA y MANALO,

Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - x
Date Filed: 15 August 2023
Date Assigned: 17 August 2023
Date Received: 18 August 2023
Date Submitted: 6 September 2023

R E S O L U T I O N

This is a complaint for Estafa under Article 315 paragraph 1 (b) of the Revised Penal
Code filed by complainant Danilo Dimaunahan y Quitain against respondent Maritess
Villanueva y Manalo.

The complainant claimed that he is among the surviving heirs of the late David
Dimaunahan, the lawful and registered owner of a parcel of land, including all the improvements
tehereon, located at 2100 Leveriza Street, Malate, Manila covered by Transfer Certificate of Title
No. 74783 containing an area of 122.65 sq.m. Sometime in April 1976, the respondent’s mother
Fely Manalo arrived at their residence and asked complainant’s father to allow them to stay in
one of the rooms of the property. The father of the complainant allowed the family of the
respondent to occupy Unit D of the said property. After the respondent’s mother died, she
transferred to Unit C of the said building and shortly thereafter started renting out the vacant Unit
D. Complainant claimed that despite repeated verbal demands for the respondent to surrender
and/or deliver the rental money respondent received in trust, she failed to do so and instead
began leasing out the vacant Unit C.

The complainant avers that when his father passed away on May 28, 2001, the respondent
has been leasing out 4 rooms in Unit D and 1 room in Unit C and was collecting an estimated
monthy rental income of Php26,500.00. That on the year 2017, respondent made unauthorized
renovations to Unit C and rented the same to 2 tenant with an approximately Php16,000.00
monthly rental. The complainant also discovered that respondent started falsiifying documents
by changing her name to Maritess Dimaunahan Villanueva. On September 7, 2022, complainant
through his lawyer issued a Notice to Vacate to the respondent which was disregarded by the
latter and has chosen to continue occuoying the property and renting out the same. Respondent
was claimed to have received in trust the total income of Php7,625,000.00 despite not being the
rightful owner of the property, hence, the present complaint.

During the preliminary investigation hearing of this case, both parties, despite notice sent
upon them failed to appear. The respondent did not submit any cotroverting evidence.
 WE NOW RESOLVE.

From the evidence presented by the complainant, the undersigned finds insufficient basis
to prosecute the respondent Maritess Villanueva y Manalo.

The complainant charges the respondent with Estafa under Article 315, paragraph 1(b) of
the Revised Penal Code which reads:

“ART. 315. Swindling (estafa). Any person who

shall defraud another by any of the means
mentioned herein below shall be punished by:

1. With unfaithfulness or abuse of confidence,

namely:

(b) By misappropriating or converting, to the

prejudice of another, money, goods, or any other
personal property received by the offender in
trust or on commission, or for administration,
or under any other obligation involving the duty
to make delivery of or to return the same, even
though such obligation be totally or partially
guaranteed by a bond; or by denying having
received such money, goods, or other property.”

The elements of Estafa through misappropriation under Article 315, paragraph 1 (b) are:
(a) the offender's receipt of money, goods, or other personal property in trust, or on commission,
or for administration, or under any other obligation involving the duty to deliver, or to return, the
same; (b) misappropriation or conversion by the offender of the money or property received, or
denial of receipt of the money or property; (c) the misappropriation, conversion or denial is to
the prejudice of another; and (d) demand by the offended party that the offender return the
money or property received.

Paragraph 1(b) provides liability for Estafa committed by misappropriating or converting,

to the prejudice of another, money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under any other obligation involving
the duty to make delivery of or to return the same, even though that obligation be totally or
partially guaranteed by a bond; or by denying having received such money, goods, or other
property.

In this case, there is no evidence that respondent Villanueva received the complainant’s
monies in trust or under any other obligation involving the duty to deliver, or to return them and
that upon receiving the amounts respondent Villanueva misappropriated or converted them. The
pieces of evidence showed that the amount of monthly rental incomes allegedly collected by
respondent Villanueva from the tenants are mere allegations of estimation by the complainant
based on the regular conversation of his common-law wife with the respondent and not
substantitated by any documentary evidence. Further, complainant in his complaint affidavit
admitted to demanding the respondent only to vacate the property and not for the return of the
money in her possession if there is any. In fine, the 4 th element of Estafa through
misappropriation under Article 315, paragraph 1 (b) is wanting. The record is bereft of any
demand by the complainant that the respondent return the money or property received.
 WHEREFORE, premises considered, it is most respectfully recommended that the
foregoing resolution be APPROVED and the charged for ESTAFA under Article 315 paragraph
1 (b) of the Revised Penal Code against respondent Maritess Villanueva y Manalo be
DISMISSED for insufficiency of evidence.

City of Manila, September 7, 2023.

MEDEL ALLAN M. MILAN

Assistant City Prosecutor
Member, Eleventh Division
MCLE Compliance No. VII-0015284
Valid until April 14, 2025

APPROVED FOR THE CITY PROSECUTOR:

JOHN ERICK R. FLORDELIZA

Senior Assistant City Prosecutor
Chief, Eleventh Division
MCLE Compliance No.VII-0003663
Issued on June 10, 2021/Pasig City

Copy furnished:

DANILO Q. DIMAUNAHAN
2100 Leveriza Street,
Malate, Manila 1004

MARITESS M. VILLANUEVA
2100 Leveriza Street,
Malate, Manila 1004